Medical Retirement Benefits for US Government Employees: Questions Abound

Questions abound when first encountering the possibility of needing to file for Federal Disability Retirement benefits, whether under FERS or CSRS, from the U.S. Office of Personnel Management, and that is a natural course of events.  It is tantamount to the proverbial admissions that one’s “mouth speaks faster than one can think,” because of the sudden flood of concerns, potential problems, future-oriented probabilities and the anxieties associated with the unknown.

It is thus often important to systematically categorize the questions and concerns into that which needs to be done immediately; that which can be accomplished within the next 30 – 60 days; and that which must be considered for the long-term.

Such time-imposed trifurcation of tasks, questions, concerns, etc. to place into neat segments will help in managing the daunting task of preparing a Federal Disability Retirement application, especially when one considers that attending to the care and treatment of one’s medical condition requires time and attention as a priority.  By categorizing and pigeonholing questions into their appropriate time-slots, it will help to manage the onset of natural anxieties which are always felt by encountering the new, the complex, and the unknown.

Questions will always abound; how and when to answer them is the key to maintaining a sense of calm and competence while retaining an aura of peace.

Sincerely,

Robert R. McGill, Attorney

Federal Disability Retirement: The Viability of the Case

In preparing, formulating and filing for Federal Disability Retirement benefits from the U.S. Office of Personnel Management, whether under FERS or CSRS, the initial question for the Federal or Postal employee who is contemplating such an endeavor — i.e., he or she is in the “preparation” state of the administrative process — is whether or not one has a “viable” case.

Viability of a Federal Disability Retirement case is based upon the supportive input of a treating doctor — whether it is one’s Primary Care Physician, Orthopaedic Specialist, Neurologist, Psychiatrist, etc. Because Federal Disability Retirement is not an entitlement, but rather a benefit which must be proven by a preponderance of the evidence, as such, one must approach the preparation and formulation of the case based upon factors pointing towards the viability of “winning”. There is never a guarantee that a Federal or Postal employee will be approved for a Federal Disability Retirement application.  Each case must be evaluated in light of the uniqueness of the facts, circumstances, and relevant positional requirements involved.

As part of any such review and analysis of a case, one must look at the extent of support one can expect from the treating doctor.  As such, a case will often require some further development; of persuasion on the part of the doctor that all reasonable modalities of treatment have been engaged in; that the condition will reasonably last for a minimum of 12 months (which can be part of the prognosis of the patient); and that it meets the legal standard in accordance with OPM, the MSPB and the statutory authorities which govern such standards — that, essentially, the medical conditions are inconsistent with the particular type of job which the Federal or Postal employee must perform.

Viability is determined by multiple factors — medical, legal, and the rational nexus between one’s medical condition and the particular kind of job one is required to perform.  It must be evaluated with a knowledge of all three — the law, the medical condition, and the unique, intimate connection to the Federal or Postal position.

Sincerely,

Robert R. McGill, Esquire